STATE OF NEW YORK
________________________________________________________________________
7793--A
2023-2024 Regular Sessions
IN SENATE
December 8, 2023
___________
Introduced by Sens. PERSAUD, CLEARE -- read twice and ordered printed,
and when printed to be committed to the Committee on Rules -- recom-
mitted to the Committee on Finance in accordance with Senate Rule 6,
sec. 8 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend part DD of chapter 57 of the laws of 2023 establishing a
cost of living adjustment for designated human services programs, in
relation to programs that are eligible for a cost of living adjustment
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1 of part DD of chapter 57 of the laws of 2023
2 establishing a cost of living adjustment for designated human services
3 programs is amended to read as follows:
4 Section 1. 1. Subject to available appropriations and approval of the
5 director of the budget, the commissioners of the office of mental
6 health, office for people with developmental disabilities, office of
7 addiction services and supports, office of temporary and disability
8 assistance, office of children and family services, [and] the state
9 office for the aging, the state education department, the department of
10 health, and the director of the office of victim services, shall estab-
11 lish a state fiscal year [2023-24] 2024-25 cost of living adjustment
12 (COLA), effective April 1, [2023] 2024, for projecting for the effects
13 of inflation upon rates of payments, contracts, or any other form of
14 reimbursement for the programs and services listed in paragraphs (i),
15 (ii), (iii), (iv), (v), [and] (vi), (vii), (viii), and (ix) of subdivi-
16 sion four of this section, and any state-funded human services programs.
17 The COLA established herein shall be applied to the appropriate portion
18 of reimbursable costs or contract amounts. Where appropriate, transfers
19 to the department of health (DOH) shall be made as reimbursement for the
20 state share of medical assistance.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13740-03-4
S. 7793--A 2
1 2. Notwithstanding any inconsistent provision of law, subject to the
2 approval of the director of the budget and available appropriations
3 therefore, for the period of April 1, [2023] 2024 through March 31,
4 [2024] 2025, the commissioners and directors shall provide funding to
5 support a four percent (4.0%) cost of living adjustment under this
6 section for all eligible programs and services as determined pursuant to
7 subdivision four of this section.
8 3. Notwithstanding any inconsistent provision of law, and as approved
9 by the director of the budget, the 4.0 percent cost of living adjustment
10 (COLA) established herein shall be inclusive of all other cost of living
11 type increases, inflation factors, or trend factors that are newly
12 applied effective April 1, [2023] 2024. Except for the 4.0 percent cost
13 of living adjustment (COLA) established herein, for the period commenc-
14 ing on April 1, [2023] 2024 and ending March 31, [2024] 2025 the commis-
15 sioners and directors shall not apply any other new cost of living
16 adjustments for the purpose of establishing rates of payments, contracts
17 or any other form of reimbursement. The phrase "all other cost of living
18 type increases, inflation factors, or trend factors" as defined in this
19 subdivision shall not include payments made pursuant to the American
20 Rescue Plan Act or other federal relief programs related to the Corona-
21 virus Disease 2019 (COVID-19) pandemic Public Health Emergency. This
22 subdivision shall not prevent the office of children and family services
23 from applying additional trend factors or staff retention factors to
24 eligible programs and services under paragraph (v) of subdivision four
25 of this section.
26 4. Eligible programs and services. (i) Programs and services funded,
27 licensed, or certified by the office of mental health (OMH) eligible for
28 the cost of living adjustment established herein, pending federal
29 approval where applicable, include: office of mental health licensed
30 outpatient programs, pursuant to parts 587 and 599 of title 14 CRR-NY of
31 the office of mental health regulations including clinic, continuing day
32 treatment, day treatment, intensive outpatient programs and partial
33 hospitalization; outreach; crisis residence; crisis stabilization,
34 crisis/respite beds; mobile crisis, part 590 comprehensive psychiatric
35 emergency program services; crisis intervention; home based crisis
36 intervention; family care; supported single room occupancy; supported
37 housing; supported housing community services; treatment congregate;
38 supported congregate; community residence - children and youth;
39 treatment/apartment; supported apartment; community residence single
40 room occupancy; on-site rehabilitation; employment programs; recreation;
41 respite care; transportation; psychosocial club; assertive community
42 treatment; case management; care coordination, including health home
43 plus services; local government unit administration; monitoring and
44 evaluation; children and youth vocational services; single point of
45 access; school-based mental health program; family support children and
46 youth; advocacy/support services; drop in centers; recovery centers;
47 transition management services; bridger; home and community based waiver
48 services; behavioral health waiver services authorized pursuant to the
49 section 1115 MRT waiver; self-help programs; consumer service dollars;
50 conference of local mental hygiene directors; multicultural initiative;
51 ongoing integrated supported employment services; supported education;
52 mentally ill/chemical abuse (MICA) network; personalized recovery
53 oriented services; children and family treatment and support services;
54 residential treatment facilities operating pursuant to part 584 of title
55 14-NYCRR; geriatric demonstration programs; community-based mental
S. 7793--A 3
1 health family treatment and support; coordinated children's service
2 initiative; homeless services; and promises zone.
3 (ii) Programs and services funded, licensed, or certified by the
4 office for people with developmental disabilities (OPWDD) eligible for
5 the cost of living adjustment established herein, pending federal
6 approval where applicable, include: local/unified services; chapter 620
7 services; voluntary operated community residential services; article 16
8 clinics; day treatment services; family support services; 100% day
9 training; epilepsy services; traumatic brain injury services; hepatitis
10 B services; independent practitioner services for individuals with
11 intellectual and/or developmental disabilities; crisis services for
12 individuals with intellectual and/or developmental disabilities; family
13 care residential habilitation; supervised residential habilitation;
14 supportive residential habilitation; respite; day habilitation; prevoca-
15 tional services; supported employment; community habilitation; interme-
16 diate care facility day and residential services; specialty hospital;
17 pathways to employment; intensive behavioral services; basic home and
18 community based services (HCBS) plan support; health home services
19 provided by care coordination organizations; community transition
20 services; family education and training; fiscal intermediary; support
21 broker; and personal resource accounts.
22 (iii) Programs and services funded, licensed, or certified by the
23 office of addiction services and supports (OASAS) eligible for the cost
24 of living adjustment established herein, pending federal approval where
25 applicable, include: medically supervised withdrawal services - residen-
26 tial; medically supervised withdrawal services - outpatient; medically
27 managed detoxification; medically monitored withdrawal; inpatient reha-
28 bilitation services; outpatient opioid treatment; residential opioid
29 treatment; KEEP units outpatient; residential opioid treatment to absti-
30 nence; problem gambling treatment; medically supervised outpatient;
31 outpatient rehabilitation; specialized services substance abuse
32 programs; home and community based waiver services pursuant to subdivi-
33 sion 9 of section 366 of the social services law; children and family
34 treatment and support services; continuum of care rental assistance case
35 management; NY/NY III post-treatment housing; NY/NY III housing for
36 persons at risk for homelessness; permanent supported housing; youth
37 clubhouse; recovery community centers; recovery community organizing
38 initiative; residential rehabilitation services for youth (RRSY); inten-
39 sive residential; community residential; supportive living; residential
40 services; job placement initiative; case management; family support
41 navigator; local government unit administration; peer engagement; voca-
42 tional rehabilitation; support services; HIV early intervention
43 services; dual diagnosis coordinator; problem gambling resource centers;
44 problem gambling prevention; prevention resource centers; primary
45 prevention services; other prevention services; [and] community
46 services; and addiction treatment centers.
47 (iv) Programs and services funded, licensed, or certified by the
48 office of temporary and disability assistance (OTDA) eligible for the
49 cost of living adjustment established herein, pending federal approval
50 where applicable, include: nutrition outreach and education program
51 (NOEP); community action agencies; New York state supportive housing
52 program; solutions to end homelessness program; and state supplemental
53 nutrition assistance program outreach program.
54 (v) Programs and services funded, licensed, or certified by the office
55 of children and family services (OCFS) eligible for the cost of living
56 adjustment established herein, pending federal approval where applica-
S. 7793--A 4
1 ble, include: programs for which the office of children and family
2 services establishes maximum state aid rates pursuant to section 398-a
3 of the social services law and section 4003 of the education law; emer-
4 gency foster homes; foster family boarding homes and therapeutic foster
5 homes; supervised settings as defined by subdivision twenty-two of
6 section 371 of the social services law; adoptive parents receiving
7 adoption subsidy pursuant to section 453 of the social services law;
8 [and] congregate and scattered supportive housing programs and support-
9 ive services provided under the NY/NY III supportive housing agreement
10 to young adults leaving or having recently left foster care; advantage
11 after-school program; child care resource and referral agencies; empire
12 state after-school program; healthy families New York; maternal, infant,
13 and early childhood home visiting initiative; New York state commission
14 for the blind; residential and non-residential domestic violence
15 services and preventative services as defined by section 409 of the
16 social services law.
17 (vi) Programs and services funded, licensed, or certified by the state
18 office for the aging (SOFA) eligible for the cost of living adjustment
19 established herein, pending federal approval where applicable, include:
20 community services for the elderly; expanded in-home services for the
21 elderly; [and] supplemental nutrition assistance program; New York
22 connects program; long term ombudsman program; Medicaid transportation
23 program; naturally occurring retirement communities (NORCs); neighbor-
24 hood naturally occurring retirement communities (NNORCs); and social
25 adult day services program.
26 (vii) Programs and services funded, licensed, or certified by the
27 state education department eligible for the cost of living adjustment
28 established herein, pending federal approval where applicable, include:
29 community schools; adult literacy education programs; and independent
30 living centers.
31 (viii) Programs and services funded, licensed, or certified by the
32 office of victim services eligible for the cost of living adjustment
33 established herein, pending federal approval where applicable, include:
34 crime victim service programs as defined by section 631-a of the execu-
35 tive law.
36 (ix) Programs and services funded, licensed, or certified by the
37 department of health eligible for the cost of living adjustment estab-
38 lished herein, pending federal approval where applicable, include:
39 health home care management agencies authorized under section 365-l of
40 the social services law; and rape crisis programs.
41 5. All state-funded human services programs not listed in paragraphs
42 (i), (ii), (iii), (iv), (v), (vi), (vii), (viii), and (ix) of subdivi-
43 sion four of this section shall be deemed eligible for the cost of
44 living adjustment established herein, pending federal approval where
45 applicable, if such program or service is provided to individuals or
46 groups of individuals, for the purpose of improving or enhancing such
47 individuals' health and/or welfare, by addressing social problems. The
48 commissioners of the office of mental health, the office for people with
49 developmental disabilities, the office of addiction services and
50 supports, the office of temporary and disability assistance, the office
51 of children and family services, the state office for the aging, the
52 state education department, the department of health, and the director
53 of the office of victim services shall publish a list of such newly
54 eligible programs and services each year on department websites no later
55 than March first and review the current list of cost of living adjust-
56 ment eligible programs every five years.Each local government unit or
S. 7793--A 5
1 direct contract provider receiving funding for the cost of living
2 adjustment established herein shall submit a written certification, in
3 such form and at such time as each commissioner or director shall
4 prescribe, attesting how such funding will be or was used to first
5 promote the recruitment and retention of non-executive direct care
6 staff, non-executive direct support professionals, non-executive clin-
7 ical staff, or respond to other critical non-personal service costs
8 prior to supporting any salary increases or other compensation for exec-
9 utive level job titles.
10 6. Notwithstanding any inconsistent provision of law to the contrary,
11 agency commissioners and directors shall be authorized to recoup funding
12 from a local governmental unit or direct contract provider for the cost
13 of living adjustment established herein determined to have been used in
14 a manner inconsistent with the appropriation, or any other provision of
15 this section. Such agency commissioners or directors shall be authorized
16 to employ any legal mechanism to recoup such funds, including an offset
17 of other funds that are owed to such local governmental unit or direct
18 contract provider.
19 § 2. This act shall take effect immediately and shall be deemed to
20 have been in full force and effect on and after April 1, 2024.